Trusted Criminal Defense Attorneys In Southern California
I agree to receive promotional content and notifications from Manshoory Law Group through email or text message. For further details, kindly refer to our Privacy Policy.
In criminal proceedings, understanding the difference between a “No Contest” plea and a “Guilty” plea can have significant legal, personal, and strategic implications. These two serve distinct purposes, each carrying unique consequences for defendants.
The Concept of Pleading in Criminal Cases
Plea-taking[1] is considered one of the most important aspects of a given criminal proceeding since it has serious implications. A plea shows how a defendant goes about defending themselves when the charges have been laid against them, mostly determining the direction of the legal process. In criminal court, defendants typically have three primary options for entering a plea:
Guilty: Admitting guilt and accepting the legal consequences.
Not Guilty: Denying the charges and opting for a trial.
No Contest (nolo contendere): Neither admitting guilt nor contesting the charges but accepting the court’s penalty.
Every plea has its part to play within this system[2], determining whether a case goes to trial, sentencing, or the civil arena. Entitlement to a plea is highly selective, and in any given case, a legal practitioner should encourage it.
Understanding Guilty Plea in Criminal Cases
A guilty plea is when a defendant agrees with the allegations and the court by saying they are guilty of the crime charged. In doing so, the defendant accepts that they are guilty as charged and should bear the burden for what was done. This plea is usually applied when the defendant and his/her lawyer allow that there is nearly any breakage of winning the case within the courtroom.
Legal Implications of Pleading Guilty
When a defendant pleads guilty, several legal processes[3] are set into motion:
Admission of Guilt: The defendant openly admits they committed the crime and is foregoing a trial.
Progression to Sentencing: A guilty plea allows the court to skip the trial phase and move directly to sentencing.
Benefits and Drawbacks of a Guilty Plea
Benefits:
Plea Bargaining: Defendants may negotiate a reduced sentence or lesser charges through a plea bargain.
Efficiency: A guilty plea expedites the legal process, potentially reducing time and legal expenses.
Drawbacks:
Criminal Record: A guilty plea results in a conviction on the defendant’s criminal record[4], impacting future opportunities.
Potential for Maximum Penalties: The defendant is subject to the court’s full sentencing power.
By admitting guilt, defendants may resolve their cases quickly but must weigh the consequences of having a permanent mark on their record.
No Contest vs Guilty: Exploring a No Contest Plea
Nolo contendere or no contest plea permits a defendant to rely on the court’s judgment and accept punishment without admitting to the crime. Though, as mentioned earlier, it has the same consequences as a plea of guilty, it is not the same. It does not even require the defendant to state that they committed the crime; instead, a no-contest plea means the defendant is ready to be sentenced without admitting guilt.
Key Differences from a Guilty Plea
No Admission of Guilt: While a guilty plea means that the suspect acknowledges that he or she committed the crime, a no-contest plea is different. Rather, the defendant agrees with the court’s statement without arguing about the charges.
Civil Implications: This plea is particularly advantageous in cases where a civil lawsuit[5] may follow, as it cannot be used as evidence of liability in civil court.
Impact on Sentencing
The sentencing phase for a no-contest plea is similar to that of a guilty plea. However, defendants may mitigate certain long-term consequences by avoiding an explicit admission of guilt.
Guilty vs No Contest: How Pleas Affect Civil Court Cases
A significant distinction between these pleas lies in their implications for civil court proceedings:
Guilty Plea: An admission of guilt can be used as evidence in a related civil lawsuit, potentially increasing liability for damages.
No-Contest Plea: Since a no-contest plea does not constitute an admission of guilt, it can generally not be used as evidence in civil court.
For this reason, defendants facing potential civil claims often enter a no-contest plea to protect themselves from further legal exposure.
Comparative Analysis: No Contest vs Guilty
Here are the key differences between a no-contest plea and a guilty plea:
Admission of Guilt:
Guilty: Involves a direct admission of guilt.
No Contest: Does not admit guilt but accepts punishment.
Use in Civil Court:
Guilty: Can be used as evidence in civil lawsuits.
No Contest: Typically not admissible in civil proceedings.
Sentencing:
Guilty: Proceeds directly to sentencing based on the defendant’s admission of guilt.
No Contest: Similar sentencing process without formal admission.
Please refer to this table for better understanding:
Aspect
Guilty
No Contest
Admission of Guilt
Direct admission of guilt
No admission of guilt
Use in Civil Court
Can be used as evidence
Generally not admissible
Sentencing
Based on the Admission of guilt
Similar sentencing without admission
Strategic Considerations: Defendants should consider their particular circumstances, such as the possibility of civil litigation, the strength of the evidence against them, and possible plea bargains. Seeking a criminal defense attorney ensures prudent decision-making tailored to the case’s nuances.
Do You Always Have the Choice of What to Plead?
While defendants generally have the right to choose their plea, the court may impose certain restrictions. For example:
A judge’s discretionmay reject a no-contest plea in cases requiring an explicit admission of guilt.
Prosecutors may condition plea deals on the defendant entering a specific type of plea.
Working with a skilled criminal defense attorney ensures you navigate these complexities effectively and select the plea that best aligns with your legal strategy.
Choosing between a “No Contest” and “Guilty” plea is a very tough decision, which can significantly change the vantage point and circumstances of a defendant’s case in life to come with potential civil liabilities. While a guilty plea would mean efficiency and prospects of plea bargains, a no-contest plea can offer strategic protection against civil lawsuits. Each bears different benefits and risks for the parties involved and needs guidance from a seasoned defense attorney.
For professional legal assistance, contact Manshoory Law today. Our experienced defense lawyers are here to help you navigate your criminal charges and determine the best path forward.
In California, a Civil Harassment Restraining Order (CHRO) is an order[1] meant to prevent an individual from harassment, stalking, or threats where the offending person is only an acquaintance. One of the most noticeable advantages of this kind of restraining order is the fact that it targets all those who consider themselves unsafe and hence have to take the legal route seeking protection against the threats. Specialization towards the comprehensiveness of civil harassment restraining orders brings forth the relevance of retraining orders.
What Is a Civil Harassment Restraining Order in California?
The Code and Annotated Laws of California through its section (CCP) 527.6(B)(2) states[2] the contents of a civil harassment restraining order example as ‘no threat in exchange for a civil harassment order.’ A CPO is extended to persons who are experiencing harassment and harassment is as defined taking someone’s fear away even through conduct that reaches out to that person.
Harassment as described in section 498 of the California Code of Civil Procedure (CCP)67(i) refers to [3]; engaging in some type of unlawful violence as well as credible threats of violence, or any course of conduct by any person performed willfully which annoys or harasses another person without any lawful justification.
Eligibility for a Civil Harassment Restraining Order
A civil harassment restraining order can be sought when a petitioner can demonstrate that he or she is subjected to harassment by someone with whom the petitioner does not have a close relationship, such as neighbors, acquaintances, or even a stranger. If, however, the person seeking the protection is someone with close personal ties to the alleged harasser-be it a husband or wife, brother or sister, etc.-then that person would have to prepare a domestic violence restraining order with the help of a domestic violence attorney as soon as possible.
The types of relationships that qualify for a civil harassment restraining order include:
Neighbors
Co-workers
Friends
Acquaintances
On the other hand, the types of relationships that don’t qualify for civil harassment restraining orders are the following:
Spouses
Ex-spouses
Individuals with whom one has dated
Family members
What Behavior Can Lead to a Civil Harassment Restraining Order?
Several behaviors can warrant the filing of a civil harassment restraining order. Examples include:
Stalking: The act of following or monitoring someone frequently without their consent.
Threats: Any form of written or spoken words that instill fear in the victim.
Rape is the actual or attempted touching done with the intention of causing physical harm.
Unwanted Contact: Constant communication through calls, texts, and other social media messages.
These acts will lead to a situation in which the victim will not feel safe and become fearful of the defendant and hence demand legal action.
Types of Civil Harassment Orders
There are primarily two civil harassment orders in California:
Temporary (Emergency) Restraining Orders: These orders protect you immediately. They are usually awarded ex parte [4], meaning you do not give your abuser notice of the proceedings, if you need immediate protection. The court may also grant the restraining order the same day that you make the request.
Permanent Restraining Orders: If, after a court hearing, the judge feels that there is sufficient evidence of harassment, then an order of restraining can be issued that can last for up to five years. This type of order provides permanent protection and may include specific conditions such as no contact with and distance from the victim.
How to File Harassment Charges?
To apply for a civil harassment restraining order follow the following procedures:
Gather Evidence: Try to gather all the relevant evidence you have regarding your case. This can include some form of text, emails, photos, or witnesses.
Preparation and Paperwork Forms: You are going to need to fill out the different court forms detailing your situation and why you believe that you require a restraining order. The primary forms include:
Request for Civil Harassment Restraining Order (Form CH-100)
File Your Forms with the Court: The forms you fill must be filed with the right court in your location.
Serve the Other Party: The other person is required to receive a copy of your application to be able to respond accordingly
Attend the Court Hearing: You appear before a judge with all evidence and witnesses that would be on your side in court.
Evidence is the heart of such cases, as it makes it evident that harassment has indeed occurred and proves justification for the need to be protected.
What to Do if You Have Been Wrongfully Accused of Civil Harassment?
If you find yourself wrongfully accused of civil harassment, it is essential to take immediate action:
Read Court Papers: Read any papers you receive due to this restraining order with care.
Prepare Your Self to be Defended: Gather testaments and proofs against the false accusation[5].
Attend Hearings: It is so crucial that you be present in all scheduled courts and present your case.
Legal Protection: Seek a criminal defense attorney who has experience dealing with such cases of civil harassment. They may be able to assist you more effectively within the legal system and give you a better chance at fighting yourself with false accusations.
A civil harassment restraining order is one of the important protective orders used in California for preventing unwanted harmful behaviors by other persons outside of personal relationships.
Knowing how these orders work- from eligibility criteria to types of behaviors warranting a filing, and the process included- will empower the victim to obtain justice and safety through effective means. If you feel harassed or wrongfully accused, consult with lawyers who can protect your rights during this stressful process.
Imagine you are at home enjoying a quiet evening with your partner. Suddenly, an argument erupts. You fall over in a fight, and in the course of the exchange, your partner deliberately shoves you. The shock of the impact leaves you with an ache of pain in your arm, a bruised hip, and a sense of being physically and emotionally violated.
This scenario, of a current or former intimate partner’s intentionally causing physical injury, whether temporary or lasting, falls under California Penal Code 273.5. This code recognizes the gravity of domestic violence and is designed to safeguard people from such destructive conduct. Beyond being a mere physical injury, it represents a violation that carries the possibility of legal ramifications.
Understanding the complex legal terminology concerning physical harm can be akin to maneuvering through an intricate maze of laws. This all-inclusive handbook strives to clarify the concept, examine the legal structure of California Penal Code Section 273.5, and provide vital insights, particularly in situations where one may be confronted with such allegations.
What is Corporal Injury? Legal Definition
It can be confusing to understand what is corporal injury. From a legal standpoint, however, it encompasses any physical damage caused to another individual through the application of force. Consider lacerations, broken bones, strained ligaments, and internal trauma – essentially, any bodily harm caused by illicit force.
Nonetheless, it is crucial to distinguish corporal injury from its adjacent legal concepts:
Assault refers[1] to the emphasis on the potential for causing harm, rather than solely on the actual act. For instance, if an individual raises a threatening fist, it is deemed assault, even if no physical contact is made, including assault with a deadly weapon.
Battery refers to the illicit physical contact with another individual, regardless of its minimal nature. This encompasses actions such as pushing, striking, or even disturbingly touching someone’s hair without their consent.
The main differentiation lies in the amalgamation of illegal force and subsequent physical damage. The act of forcefully pushing someone[2], causing them to fall and scrape their knee, would be classified as a corporal injury, whereas a push that merely disrupts their balance would not meet the criteria.
Legal Framework Surrounding Corporal Injury in California
In regards to corporal injury, California employs a well-balanced strategy, especially in cases involving domestic battery. PC 273.5[3] specifically targets this matter, introducing an additional dimension to the legal structure.
Categorization: In contrast to certain jurisdictions, California organizes corporal injury by considering the level of harm and the surrounding conditions. A minor bruise devoid of any long-term consequences could be classified as a misdemeanor, whereas a fractured bone or internal injury may elevate it to a felony.
Burden of Proof: The requirement for the prosecution to establish is not that the victim experienced apprehension of force, but rather to show that force was indeed employed and resulted in physical injury. Consequently, this transfers the responsibility of proving innocence, underscoring the importance of comprehending one’s legal entitlements and plausible defense tactics.
Consequences and Legal Penalties for Corporal Injury to Spouse
Corporal injury to a spouse, which means inflicting physical harm upon a spouse or intimate partner, results in substantial legal and personal repercussions.
Legal ramifications: The possible outcomes of corporal injury to a spouse have significant scope, especially if the physical injury resulted in a traumatic condition. Monetary fines can span from several hundred to several thousand dollars, accompanied by varying prison terms that range from months to years, contingent on the gravity of the situation. Additional legal consequences may include probation, a protective order for domestic violence offenses, and mandatory counseling, further compounding the repercussions.
Long-Term Consequences: The repercussions extend beyond just legal ramifications in a domestic violence case[4]. Having a criminal history or prior convictions can have enduring implications, impacting prospects for future employment[5], choices in housing, and even custody battles concerning children. The emotional distress and societal disapproval of such charges may persist long after the legal process ends.
Defending Against Corporal Injury Charges – PC 273.5
If you are confronted with allegations under PC 273.5, it is important to understand that there are various defense options available to you. Presented below are a few potential tactics that can be considered:
Self-defense: In matters of self-defense[6], employing force to protect oneself or others can potentially serve as a legitimate defense. Nevertheless, the responsibility rests upon you to substantiate that it was a justifiable reaction to the imminent danger.
Unintentional incident: Establishing the absence of intent through reliable evidence is essential in determining the integrity of the injury. It’s important to note that the lack of intention does not automatically absolve one from responsibility for causing harm.
Insufficient evidence: When the prosecution’s case lacks substantial proof, whether in the form of physical force evidence or witness statements, it can undermine their argument. Seeking guidance from legal counsel can assist in uncovering inconsistencies and constructing a robust defense grounded in factual substantiation.
Witness testimonies: Collecting witness testimonies can be of immense value, as they have the potential to validate your account of the events and provide insights into the context surrounding the incident.
Nevertheless, it is imperative to obtain legal advice from a reputable Los Angeles Criminal Defense Attorney. These professionals possess the necessary knowledge, tools, and practical understanding to maneuver the complexities of legal regulations, gather evidence, construct a robust defense plan, and advocate for your interests proficiently in the courtroom.
To Conclude: Seeking assistance and acquiring information
Having a grasp of what is corporal injury provides you with information, however, it is important to note that this manual cannot serve as a substitute for individualized legal counsel. Each case has its own distinct characteristics, and seeking guidance from a qualified lawyer is crucial in order to receive customized advice and ensure effective legal advocacy.
If you or an acquaintance are confronted with accusations, including false accusations pertaining to physical harm, feel free to contact us to promptly seek assistance from a legal professional.
References
Manshoory, S. (2023, September 20). What is the difference between assault & aggravated assault | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-is-the-difference-between-a-simple-assault-and-an-aggravated-assault-in-california/
Although the terms robbery and theft are interchangeable in common language, they are two different types of criminal activities in law. Both of these acts involve taking someone else’s property without their consent. The difference in this case is that one consists of using force or threat and having a victim present during the crime being committed.
These are important distinctions to make for professionals in the legal field and the public simply because these crimes will be handled differently when it comes time to report, prosecute, and punish them.
In this blog, we will explain the elements of robbery vs theft, explain their legal consequences, and define the difference between burglar and robber.
Theft Defined
Theft, in law, is a general term covering a variety of specific types of stealing including the crimes of larceny[1], robbery, and burglary.
In legal terms, theft is when someone takes something that doesn’t belong to them without the owner’s permission and with the intention of keeping it permanently.
The thief doesn’t have to want to keep the stolen property for themselves; intending to sell, destroy, or abandon it where it won’t be found is enough.
For instance, when a car is stolen, it’s often sold or dismantled for parts. Sometimes, the intention to temporarily deprive the owner of the property is also enough, like when a car is stolen for a joyride and then abandoned where the owner can find it.
Key Elements of Theft:
As per Section 1 of the Theft Act 1968, the legal definition of theft is[2] – a person commits theft if he intentionally/ dishonestly appropriates property that belongs to another person. This definition can consist of the following types of theft:
Dishonesty: The essential requirement for theft is that the person must have acted dishonestly. This implies that they must have been aware that taking the property was wrong and that they did it to keep it for themselves.
Additionally, the property must have been taken without the owner’s consent. In other words, if the owner gave permission for the property to be taken, it cannot be considered theft.
Taking:The next requirement is that the individual must have taken possession of the property. This contains physical taking as well as situations where the person has control over the property, such as in cases involving fraud or deception.
Property: The property that is taken must belong to another person. This can involve any type of property whether it is commercial or residential including money, goods, and even pets.
Intent To Permanently Deprive The Owner Of It: The mental state of the person committing the theft is important. They must intend to keep the property for themselves or prevent the rightful owner from getting it back. This is what sets theft apart from borrowing or accidentally taking something.
Define Robbery
Robbery, a crime that has its roots in common law[3] , is the act of unlawfully taking someone else’s property through violent force or the threat of force, to permanently deprive them of it.
This involves the use of force or the threat of force, it is considered more serious than other theft crimes, like larceny, for example, which do not involve force.
Well, the main difference between robbery vs. theft is the use of force or intimidation in the act of taking property directly from someone.
The elements of the crime of robbery generally include:
taking someone else’s property from their person or in their presence
using violent force or the threat of force
and having the intention of permanently depriving them of their property
Legal Consequences: Theft vs Robbery
Penalties for Theft
The legal consequences for a person convicted of theft differ based on the jurisdiction and the details of the crime, especially the value of the stolen property.
Theft is usually classified into different levels depending on the value of the property taken, with penalties ranging from small fines to significant prison sentences.
Legal Consequences And Impact On The Severity Of The Penalties:
Petty Theft: This usually involves property valued below a certain threshold (e.g., $1000 in California). It is often classified as a misdemeanor, punishable by fines, community service, or imprisonment for up to one year.
Grand Theft: Involves property exceeding a specified value (e.g., more than $950 in California) and can be charged as either a misdemeanor or a felony.
Felony grand theft can result in significant prison time, often ranging from 16 months to three years or more, depending on the state and the specifics of the case.
Federal Theft Law: According to 18 U.S. Code § 641[4] , a federal law that prohibits the theft, embezzlement, or unlawful conversion of U.S. government property. It also criminalizes receiving, concealing, or retaining such property with the knowledge that it was stolen.
Penalties vary based on the property’s value: If it exceeds $1,000, the offender can face up to ten years in prison, while theft of lesser value can result in up to one year in prison. The law is designed to protect government property from unauthorized use or theft.
Aggravating and Mitigating Factors:
Aggravating Factors: Factors that can increase the severity of the penalty include the use of force, theft involving vulnerable victims (e.g., the elderly), prior criminal history, or theft of essential items (e.g., a vehicle or medical supplies).
Mitigating Factors: These can include the absence of a prior criminal record[5] , the return of stolen property, or cooperation with law enforcement. Mitigating factors may lead to reduced charges or lighter sentencing.
Penalties for Robbery
Robbery is a harsh crime that entails employing force, intimating, or threatening the victim into giving up his property. Unlike theft, which may occur without the victim’s immediate presence, robbery directly endangers the victim, making it a more severe offense in the eyes of the law.
California Penal Code Section 211[6]: Defines robbery as the taking of personal property from another person through force or fear, classifying it as a violent crime[7] The statute underscores the seriousness of robbery due to the threat or use of force.
Federal Law: 18 U.S.C. § 1951 (Hobbs Act)[8] – The Hobbs Act, is a federal law that prohibits robbery or extortion of any substance whatsoever in interstate commerce (with somewhat challenging ways for Congress to prove those cases). This statute covers a robbery that carries with it up to 20 years in federal prison (with extra penalties if there are firearms).
California Penal Code Section 213: This law defines the penalties for robbery in California. According to this law:
First-Degree Robbery: In California, first-degree robbery can occur in specific situations, such as when the victim is a driver or passenger in a vehicle, when the crime takes place in an inhabited dwelling (like a house or apartment), or when the victim has just used an ATM. The penalty for first-degree robbery can include imprisonment in a California state prison for three, six, or nine years.
Second-Degree Robbery: Any robbery that does not meet the criteria for first-degree robbery is considered second-degree robbery. The penalty for second-degree robbery includes imprisonment in state prison for two, three, or five years.
What Are the Key Differences Between Theft and Robbery?
Robbery and theft differ in several respects, but the main difference that makes robbery the more serious offense is the potential for physical harm to a victim.
Person vs. property offense: Theft is a crime against property, while robbery is a crime against a person, making robbery more serious.
Theft involves taking or attempting to take money or property without using violence. On the other hand, robbery involves using force or the threat of force.
Victim presence: This is the main difference between robbery and theft. Robbery, unlike theft, entails taking property directly from or in the presence of a person, which places the victim in the path of direct harm.
Penalties: The penalties for theft and robbery reflect the potential for physical harm and violence to a victim. Robberies generally start as felonies, and a defendant convicted of robbery will likely face prison time. On the other hand, thefts can result in misdemeanor penalties. Even for felony theft, a person may potentially receive felony probation[9] and spend little time behind bars.
Theft vs Robbery: How do they Differ from Burglary?
While theft and robbery both involve unlawfully taking someone’s personal property, burglary is a different type[10] of crime altogether. The main distinction lies in how these crimes are committed.
Theft is the act of taking property with the intent to commit to permanently deprive the owner, without any direct interaction with the victim.
Robbery, however, involves force or the threat of force against the victim during the crime, making it more severe.
On the other hand, burglary involves unlawfully entering a building or structurewith the intent to commit theft or another felony inside. Unlike robbery, burglary doesn’t require the presence of a victim, nor does it involve the use of force against a person. The key factor is the unlawful entry, coupled with the intention to commit a crime once inside.
All in all, theft and robbery focus on taking property, and burglary is centered around illegal entry into a space with criminal intent, regardless of whether the intended crime is actually carried out.
Knowing the distinctions between robbery and theft is crucial for legal professionals and the general public alike. While both crimes involve unlawfully taking someone’s property, robbery is considered more severe due to the use of force and direct threat to victims.
This difference is reflected in the criminal charges and potential sentences for each offense. By recognizing these differences, we can better understand the legal system’s approach to property crimes and the varying degrees of severity of criminal acts.
If you or someone you know is facing charges related to theft, robbery, or burglary, it’s important to seek legal assistance. Contact us today for expert advice and representation to ensure your rights are protected.
Parker, D. (2023, November 14). Felony probation in California: How does felony probation work ? Manshoory Law Group, APC. https://manshoorylaw.com/blog/felony-probation/
Parker, D. (2024, August 13). Second degree burglary: The difference between first and second degree burglary in California | Manshoory Law Group, APC. Manshoory Law Group, APC. https://manshoorylaw.com/blog/second-degree-burglary/
Burglary remains one of the most frequently prosecuted crimes in California, with significant implications for those accused. In 2022 alone, San Diego, a city in California, reported [1] over 7,300 burglary offenses, highlighting the urgency of understanding the legal distinctions between first and second degree burglary. In 2022, 60% of burglaries were categorized as forced entry, while 36% were classified as non-forced entry, and 4% were labeled as attempted or unsuccessful burglaries. Notably, over the past five years, the percentage of forced entry burglaries has consistently increased, rising from 41% in 2018 to 60% in 2022.
First-degree burglary, often involving residential properties, carries harsher penalties due to the heightened risk to personal safety. In contrast, second-degree burglary typically pertains to commercial establishments and is classified as a “wobbler,” allowing for a range of charges from misdemeanors to felonies[2].
This article provides a comprehensive overview of second-degree burglary, its legal implications, and how it differs from first-degree burglary under California Penal Code Section 459.
Overview of Burglary Laws under Penal Code 459 in California
California Penal Code Section 459 [3] defines burglary as the act of entering a building, room, or locked vehicle with the intent to commit a felony or theft. This statute establishes the foundational elements of burglary charges in the state, emphasizing the necessity of intent.
The general intent required for a burglary charge means that the individual must have the intention to commit a crime at the time of entry, regardless of whether the crime is ultimately executed.
Burglary is categorized primarily into first and second degrees, with each classification carrying distinct legal definitions and penalties.
What Constitutes First-Degree Burglary?
First-degree burglary is defined as the unlawful entry into a residence with the intent to commit a crime. This type of burglary is often referred to as residential burglary and is considered more serious due to the potential threat to personal safety involved.
First-Degree Burglary: Penalties and Consequences
A conviction for first-degree burglary is classified as a felony in California [4]. The penalties for this crime can include:
Prison Sentence: Two, four, or six years in California state prison.
Fines: Up to $10,000.
Probation: Felony probation [5]may be available but typically requires the defendant to meet specific criteria.
First-degree burglary also counts as a “strike” under California’s Three Strikes Law [6], meaning that subsequent felony convictions could lead to significantly harsher penalties. Including the “person present” allegation for a 1st-degree charge elevates it to a violent strike, resulting in a harsher prison sentence, whereas a regular 1st-degree charge without this allegation is treated as a serious strike, leading to a lighter sentence.
Understanding Second-Degree Burglary
Second-degree burglary, on the other hand, refers to unlawful entry into any structure that is not a residence, such as commercial properties, warehouses, or other non-residential buildings [7]. This classification is often referred to as commercial burglary.
2nd Degree Burglary: Penalties and Consequences
Second-degree burglary is classified as a “wobbler,” meaning it can be charged as either a felony or a misdemeanor, depending on the circumstances and the defendant’s criminal history. The potential penalties for a felony 2nd-degree burglary conviction include:
2nd Degree Offense – Felony Charges:
Prison Sentence: Sixteen months, two years, or three years in county jail.
Fines: Up to $10,000.
2nd Degree Offense – Misdemeanor Charges:
If charged as a misdemeanor, the penalties may include:
Jail Time: Up to one year in county jail.
Fines: Up to $1,000.
The flexibility in charging second-degree burglary allows prosecutors to consider the specifics of the case, including the defendant’s past criminal record [8] and the nature of the offense.
Key Differences Between First and Second-Degree Burglary
Understanding the differences between first and second-degree burglary is essential for legal clarity. Below is a comparison of the two:
Aspect
First Degree Burglary
Second Degree Burglary
Definition
Entry into a residence with intent to commit a crime
Entry into any non-residential structure with intent to commit a crime
Classification
Always a felony
Wobbler (can be felony or misdemeanor)
Penalties
2-6 years in prison, fines up to $10,000
Felony: 16 months to 3 years; Misdemeanor: up to 1 year in jail, fines up to $1,000
Strike Status
Counts as a strike under Three Strikes Law
Does not count as a strike
In California, a “strike” refers to a conviction for a serious or violent felony under the state’s Three Strikes law. The Three Strikes law imposes harsher sentences on repeat offenders who have prior convictions for serious or violent felonies.
Under the Three Strikes law:
A first-degree burglary conviction always counts as a strike. This means that if someone is convicted of first-degree burglary, it will be counted as a “strike” on their criminal record.
If someone has a prior conviction for first-degree burglary and they are later convicted of any new felony, they can be sentenced as a “second striker.” This doubles the normal sentence for the new felony.
If someone has two prior convictions for first-degree burglary or other serious/violent felonies and they are convicted of a new felony, they can be sentenced to 25 years to life in prison as a “third striker.”
In contrast, a second-degree burglary conviction does not count as a strike under the Three Strikes law. This is because second-degree burglary is considered a less serious offense, as it involves entering non-residential structures rather than inhabited dwellings.
So in summary, the “strike” status refers to how a burglary conviction will impact a person’s sentence if they commit future felonies, with first-degree burglary counting as a strike and second-degree burglary not counting. The Three Strikes law aims to impose harsher punishments on repeat offenders who commit serious crimes.
What are Legal Defenses Against Burglary Charges?
In defending against burglary charges, several legal defenses may be employed. Common defenses include:
Lack of Intent: The prosecution must prove that the defendant intended to commit a crime at the time of entry. If there is reasonable doubt regarding this intent, the charge may be challenged.
Mistaken Identity: If the defendant can demonstrate that they were not the individual who entered the property, this defense may be effective.
Consent: If the defendant had permission to enter the property, this could negate the burglary charge.
Legal representation is crucial in burglary cases, as an experienced attorney can help navigate the complexities of the law and develop a strong defense strategy. Reach out for an expert consultation now!
Understanding the distinctions between first and second-degree burglary in California is crucial for anyone facing such charges. With the increasing prevalence of burglary offenses, particularly forced entries, the legal consequences have never been more significant. First-degree burglary, with its severe penalties and strike status, underscores the importance of personal safety, while second-degree burglary, though more flexible in its classification, still carries serious repercussions.
For those accused of burglary, the path forward can be daunting. The difference between a felony and a misdemeanor, or the impact of a strike on your criminal record, can dramatically influence your future. Given the complexities of these laws, securing experienced legal representation is not just advisable—it’s essential. A criminal defense attorney at Manshoory Law can help clarify your legal options, build a strong defense, and guide you toward the best possible outcome. In the face of such serious charges, taking immediate action could make all the difference.
We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Agree
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
